A and B v C, D and E [2020] EWCA Civ 409 (19 March 2020)

A and B v C, D and E [2020] EWCA Civ 409 (19 March 2020)

Section 44(2)(a) of the Arbitration Act 1996 empowers the English court to order the taking of evidence by deposition from a non-party witness in support of a foreign-seated arbitration, provided the statutory thresholds are met. The term 'witness' is not limited to parties, and the court's powers under section 44(2)(a) mirror those available in civil proceedings, including depositions under CPR 34.8.

Citation
[2020] EWCA Civ 409
Parties
Appellants: A and B; First and Second Respondents: C and D; Third Respondent: E
Jurisdiction
England and Wales
Judgment Date
19 March 2020
Procedural Posture
Appeal From High Court (commercial Court) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Arbitration Act 1996 Section 44, Court Powers in Support of Arbitration, Orders Against Non Parties, Taking Evidence by Deposition, Foreign Seated Arbitration
Arbitration Civil Procedure Arbitration Act 1996 Section 44 Court Powers in Support of Arbitration Orders Against Non Parties Taking Evidence by Deposition Foreign Seated Arbitration

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Parties

A and B

Appellants

C and D

First and Second Respondents

E

Third Respondent

Procedural Posture

Appeal From High Court (commercial Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Does section 44(2)(a) of the Arbitration Act 1996 empower the English court to order the taking of evidence from a non-party witness in support of a foreign-seated arbitration?
  2. 2 Are the court's powers under section 44(2)(a) limited to parties to the arbitration agreement or do they extend to non-parties?
  3. 3 Is there jurisdiction to order a deposition of a non-party witness under CPR 34.8 in aid of foreign arbitration?

Ratio Decidendi

Section 44(2)(a) of the Arbitration Act 1996 empowers the English court to order the taking of evidence by deposition from a non-party witness in support of a foreign-seated arbitration, provided the statutory thresholds are met. The term 'witness' is not limited to parties, and the court's powers under section 44(2)(a) mirror those available in civil proceedings, including depositions under CPR 34.8.

Court Disposition

Appeal allowed

Orders

  • Order for the examination of the third respondent by way of deposition before an examiner of the Court.